Help with Form 8332 for Child Exemption when Custodial Parent already filed & other dependent claim issues

You've got a complicated situation here, but let me try to clarify a few things for you. First, regarding who claimed your son: This could be your ex (despite what he's saying), or potentially another family member who has access to your son's SSN. Identity theft is also a possibility, though less likely. About Form 8332: This form is used when the custodial parent (the one the child lives with most of the time) releases their claim to the exemption for the non-custodial parent. It's not too late to use it - it can be filed with your return. However, it's only necessary if your ex is the custodial parent. If you're the custodial parent, you generally have the right to claim your child unless you've agreed otherwise. Regarding your ex's concerns: The form doesn't affect his ability to claim Head of Household status. He can still file as HOH even if he doesn't claim your son as a dependent, as long as he has a qualifying person (which could be another dependent). Form 8332 only releases the claim to the child's exemption, not the filing status. What you should do: If you're supposed to claim your son this year based on your agreement, you'll need to file a paper return and include a statement explaining the situation. The IRS will then contact both parties who claimed the child and sort it out.

I had a similar issue last year and found taxr.ai super helpful! I was totally confused about dependent claims when my ex and I disagreed on who could claim our daughter. I uploaded our divorce decree to https://taxr.ai and it analyzed the document and explained exactly how the IRS would interpret our alternating year agreement. The site helped me understand that without Form 8332, the custodial parent generally has the right to claim the child regardless of verbal agreements. But it also showed me how to properly document our court-ordered arrangement. I ended up with clear direction on what forms to file and what documentation to include with my return. In your case, it sounds like you need to figure out who actually claimed your son (might not be your ex - could be grandparent or someone else with the SSN) and then get proper documentation to support your claim for this year.

Just wanted to update that I tried taxr.ai after asking about it here, and it was really eye-opening for my situation with my twins and uncooperative ex. I uploaded our custody agreement which states we alternate claiming the kids for taxes, but my ex has been claiming both kids every year. The site analyzed the agreement and pointed out specific language that the IRS would consider binding for tax purposes. It also explained that since I'm the non-custodial parent, I technically need Form 8332 OR equivalent language in a court order (which I had!). I filed by paper with the documentation the site recommended, and included a statement explaining the situation. Three weeks ago, I got confirmation that my return was processed correctly with both dependents! Wish I'd known about this last year when I just gave up and let my ex claim both kids.

I went through something similar with my ex claiming our daughter when it wasn't his year. The IRS phone lines were completely useless - I spent HOURS trying to get through with no luck. Then I found Claimyr (https://claimyr.com) and it changed everything. They have this system that gets you to the front of the IRS phone queue. I was skeptical, but you can see how it works in this video: https://youtu.be/_kiP6q8DX5c I got through to an actual IRS agent in about 20 minutes instead of waiting for hours or getting disconnected. The agent confirmed that without Form 8332, the custodial parent has the default right to claim the child, but also explained that my divorce decree language was sufficient since it clearly specified tax years. The agent walked me through exactly what documentation to include with my paper return. Totally worth it to actually speak to someone official rather than guessing.

I have to admit I was completely wrong about Claimyr. After posting that skeptical reply, I decided to try it myself since I've been trying to reach the IRS for TWO MONTHS about a similar dependent issue with no success. The service actually worked exactly as described. Their system handled all the calling and navigating the IRS phone tree, and I got a call back when they reached an actual person. Spoke with an IRS agent for almost 30 minutes who explained that in my case, I needed to paper file with a copy of my court order since my ex was refusing to sign Form 8332. The agent also confirmed something important - Form 8332 doesn't affect Head of Household status! Your ex's tax preparer is giving incorrect advice. The form only releases the dependency exemption, not the filing status. If your ex meets the requirements for HOH (maintains a home for a qualifying person), he can still claim that status even after signing Form 8332. Honestly, getting definitive answers straight from the IRS instead of conflicting online advice was worth every penny.

One thing nobody's mentioned yet - you should check if someone filed fraudulently using your son's SSN. Unfortunately, children's SSNs are sometimes stolen and used for tax fraud because it might take years to discover. If you and your ex both confirm neither of you claimed him, you should: 1. Contact the IRS Identity Protection Unit 2. File an identity theft affidavit (Form 14039) 3. Place a credit freeze on your son's credit reports 4. File a report with the FTC at IdentityTheft.gov Child identity theft for tax purposes is more common than people realize. Better to rule this out early.

Something important about Form 8332 that no one's mentioned: if you already have alternating years specified in a divorce decree from 2008 or earlier, you might not need Form 8332 at all! The IRS will sometimes accept the divorce decree language instead. If your decree is after 2008, then yeah, you need Form 8332. But either way, your ex's tax guy is wrong that it's "too late" - there's no deadline for Form 8332 other than it needs to be included with YOUR return when you file. Also, whoever the custodial parent is can file as Head of Household regardless of who claims the kid as a dependent. Those are separate things. Your ex can release the dependent claim to you via Form 8332 but still file as HOH. Hope that helps!

This is such a frustrating situation! I went through something similar a few years ago and it was incredibly stressful. Based on what you've described, here are a few things to consider: 1. **Double-check with your ex**: Even though he says he didn't claim your son, sometimes people forget about automatic imports from previous years in tax software, or they might have let a family member handle their taxes who made the claim without telling them. 2. **The Form 8332 timing issue**: Your ex's tax preparer is absolutely wrong about it being "too late." Form 8332 can be completed and attached to YOUR return when you file - there's no deadline tied to when the custodial parent files their return. 3. **Head of Household concerns**: This is also incorrect advice from his tax person. Form 8332 only releases the dependency exemption - it doesn't affect his ability to file as Head of Household if he otherwise qualifies (maintains a home for a qualifying person). 4. **Your next steps**: Since you're the non-custodial parent, you do need either Form 8332 or equivalent language in a court order. If your divorce decree specifically mentions alternating years for tax purposes, that might be sufficient depending on when it was issued. I'd recommend trying one of the services others mentioned to actually speak with an IRS agent who can give you definitive guidance on your specific situation. Getting official direction will save you a lot of back-and-forth guessing. Hang in there - these dependency conflicts are more common than you'd think and they do get resolved!